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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Saksamaa

Ajutised meetmed seoses konfiskeerimisega (504)

1. MEASURE IMPLEMENTATION

Saksamaa

Is this measure possible in your Member State under International Judicial Cooperation?

Assets may be seized for the purposes of - securing and surrender of evidence - future asset recovery if, in the case in question, it is possible that forfeiture, confiscation, confiscation of monetary value or deprivation of monetary value may be ordered.

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

For the Member States which have implemented the European Investigation Order: Seizure for the purpose of securing and surrender of evidence: Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive for all Member States which have implemented the EIO Seizure for asset recovery: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters For the Member States which have not (yet) implemented the European Investigation Order: in all cases: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

The request for seizure is to be addressed to the public prosecution office in whose territorial jurisdiction the assets are located. The public prosecution office then obtains an order for search and seizure issued by the competent German court. The public prosecution office then enforces the court order. Where time is of the essence, the public prosecution office and the persons carrying out the investigation on its behalf, i.e. police or customs officers or other authorised persons, are given permission to issue an order for search and seizure.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

If the European Investigation applies: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language. For Member States which have not (yet) implemented the European Investigation Order and if the European Investigation Order does not apply: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request, and the supporting documents into the German language, unless it has been agreed differently in a bilateral agreement.

5. EXECUTION DEADLINE

Saksamaa

Deadlines for the execution of the request/decision (where applicable)

If the European Investigation Order applies: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order and if the European Investigation Order is not applicable: No Deadlines. In General: Attention must be paid to the relevant statutes of limitations regarding criminal prosecution and enforcement of sentence.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

If the European Investigation Order is applicable: Double criminality is not checked, if the offence is listed in Annex D of the Directive European Investigation Order For States not applying the European Investigation Order and if the European Investigation Order is not applicable: Dual criminality does not have to be established if the offence on which the request is based is punished with a maximum term of imprisonment of at least 3 years under the law of the Requesting State and, if it is an offence as defined in Article 3 Paragraph 2 of the Council Framework Decision 2003/577/JHA of 22 July 2003. In all other cases, dual criminality is required. An order for seizure issued by the Requesting State is only required if the seizure is ordered for the purpose of subsequent surrender. The order for seizure may be substituted by a declaration made by the competent authority in the Requesting State. The declaration should demonstrate that the requirements for seizure would be fulfilled if the property was located in the Requesting State.

b. Other useful information

A request for seizure cannot be approved if • a final and binding judgment has already been made in respect of the person sought by another Member State for the same act as the one forming the basis of the request and • the sentence imposed has already been served or is currently being served or can no longer be executed under the law of the sentencing State. This does not apply if the request is made in preparation for a forfeiture order or confiscation order. Approval of requests may be deferred if • there is a risk of compromising ongoing criminal investigations and • the property specified in the request has been seized or otherwise confiscated.

Last reviewed on 17 märts 2019 by Tools Correspondent

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